On June 16, 2011, Law 1450 was issued (through which the
2010-2014 National Development Plan was announced), by means of
which the regime of assignment contracts of author's economic
rights was modified.
Article 20 of Law 23 of 1982, which only acknowledged the
presumption of assignment of economic rights within the frame of a
service contract, now also includes this presumption regarding
works created within the frame of a labour contract.
For the abovementioned presumption to take place, all labour and
service contracts must be in writing. However, this presumption
admits for the parties to agree otherwise and does not deprive
authors from any of the moral rights he/she has upon his/her
On the other hand, the requisite regarding the need for the
assignment contracts to be acknowledged before Notary Public or
converted into Public Deed was eliminated. The only validity
requirement that shall be demanded from now on, shall be that said
contracts are in writing. Notwithstanding the above, and with the
aim of providing legal security, the contracts must still be
registered before the Copyright Office for their enforceability
before third parties.
This reform obliges the contracting parties to be clear at the
moment of assigning economic author's rights, because in some
aspects, the law supplies the lack of stipulation. Therefore, when
the parties have not made any agreement on the term or territory of
the assignment, it is understood it shall have a term of maximum
five (5) years and it shall be limited to the country where the
rights are assigned.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Argentine law governs all labor activities in Argentina,
regardless of where the employee was first hired or where the
employment contract was entered into or signed, as well as the
As of May 7, 2013, employers in Venezuela must comply with the new wage and hour law established one year ago under Venezuela's employment law reform act, known as the Organic Law of Labor and Workers.
Argentine law governs all labor activities in Argentina, regardless of where the employee was first hired or where the employment contract was entered into or signed, as well as the employee’s nationality.
Electronic surveillance in the workplace is a common practice. However, setting certain limits is indispensable to reconcile employers' legitimate interest in defending their property and the fundamental respect for the worker's dignity.
The status of PBGC coverage for Puerto Rico defined benefit plans is one that has been the subject of review and analysis by the PBGC for quite some time.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”